[WSBAPT] Providing Client with word version of draft demand letters/estate planning documents

[Paul Neumiller]

It depends for me.  If the client is going to finish the documents, I provide the MS Word document with a strongly worded CYA letter (which I have had to use in the past in my defense when the client blew it).  As long as I have final say (and I'm going to use my own judgment in what goes out over my signature), then I will allow a client to edit my work, knowing that I DO NOT have to accept all of the "suggested" changes.  But, frequently, I find that the changes are either grammatical or are factual changes (that is, corrections in my draft.)  At that point, I swallow my pride, thank the client for strengthening (or correcting) the letter, incorporate the changes I approve, and mail out the letter. I see it as working collaboratively with my client.

BUT, as I said, if the client plans on riding into the sunset with my MSWord draft, then I figure the relationship is toast anyway so I always provide a strongly CYA letter saying I can't be responsible for any changes that may be inappropriate under the circumstances, etc.


[cid:image002.jpg at 01D56D62.099526D0]

IMPORTANT NOTICE:  This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.

E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.


From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff Davis
Sent: Tuesday, September 17, 2019 1:49 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Providing Client with word version of draft demand letters/estate planning documents

Listmates:

Recently I have had different clients request I provide them with a word version of my proposed demand letter, involving an easement issue, and trust agreement, respectively.  They wanted to redraft the letter and the other wanted to add things to the trust.  I declined to provide the word version.  One person got really nasty saying by not doing so violated RPC 1.4.  In all my years I have never allowed a client to draft letters or pleadings that I sign.  Have any of you faced this issue and how have you dealt with it?

Jeff Davis

W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129
Fax No.: (360) 683.1258
email: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
www.bellanddavispllc.com<https://eur03.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bellanddavispllc.com%2F&data=02%7C01%7C%7C68250fb8d17241f827b108d73bb0f6e5%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637043503557650274&sdata=2Iie66c2SPUD6ADcWj7GpD%2BWvhR%2BTIR%2F6qA0M2KOTiM%3D&reserved=0>

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>  or call 360.683.1129

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190917/ea8d95ab/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 12625 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20190917/ea8d95ab/image002.jpg>